Mikulski: We need to determine the constitutionality. Would you, cause if it's not constitutional, that’s it. What, General Clapper, would you consulting with the department of justice, the white house, ask for an expedited review by the Supreme Court of the United States to determine the constitutionality of these programs so that we don't continually shop for a legal opinion that we want, either one side or the other.
Clapper: I’ll discuss this with the Attorney General. i am not up with the protocol for seeking a reading by the supreme court.

Clapper: With all the controversy, we all felt and still feel what were doing was legal, was oversighted, both by all three branches of the government . There is a current court ruling, a fourth amendment ruling, which of course, if data is provided to a third party. it doesn’t, uh
Mikulski: General Clapper, there are 336 different legal opinions.
Clapper: I realize that.
Mikulski: 36 say the program is constitutional. Judge Leon said it's not. I’m not avoiding them.
Clapper: Exactly. Nor are we.
Mikulski: I respect the appeals process, but I think we’ve got to get a constitutional ruling on this as quickly as possible. I think the American people are entitled to knowing that and I think the men and women who work at NSA need to know that and I think those of us who want to (?) the review and reform effort need to know that.